THE Criminal Court of the ASSIGNED Magistrate
FOR PRESENTATION
PUBLIC PROSECUTOR’S OFFICE
…………….
REVIEW NO:
THE VEHICLE IN QUESTION
A REFUND IS REQUESTED:
temporary :
lesson : …………
It is a request for the return of the vehicle.
descriptions
Within the scope of the investigation conducted on the basis of preparation file mentioned above. It belongs to the client ……….. The vehicle with license plates has been confiscated.
For the reasons explained below, we request that the foreclosure decision regarding the confiscated vehicle belonging to our client be lifted and the vehicle be delivered to us.
So
1- My client suspects this vehicle ………… He gave it to his friend to use temporarily at his own request.
2- My client has nothing to do with the investigation file. In addition, any items that are the subject of crime in the vehicle, items, etc. It could not be found.
3- My client has been a victim due to the confiscation of the aforementioned vehicle. Because my client uses the vehicle in question for his own business.
4- Alleged to have been used in the crime ………. There is no need for the license plate vehicle to be registered in traffic and for any evidence determination to be made on the vehicle during both the preparatory investigation and the prosecution phase.
5- In addition, Article 128/4 of the Code of Criminal Procedure states that the seizure will be carried out by commenting on the register in which the land vehicles are registered. Again, in Article 132/5 of the Code of Criminal Procedure, it is regulated that confiscated property can be delivered to a suspect, defendant or another person for safekeeping.
6- Therefore, in the face of these explicit provisions of law that we have mentioned. There is no public interest in the detention of the vehicle in question.
7- It is not possible to use confiscated vehicle as evidence in crime subject trial. If the vehicle is delivered to us, there is no such situation. As not being delivered at the requested time. There is no evidence in the vehicle to illuminate the case.
8-The client has an existing and worth protecting legal interest in the cancellation of the court’s confiscation order and the return of the vehicle to the client.
DEMAND RESULT:
In order to be taken into account ex officio for the reasons presented and explained above, the confiscated belongs to the client ………… abolition of the decision to confiscate the vehicle with license plates; 131 of the Criminal Procedure Code of the vehicle in question. In accordance with Article 132/5 of the Code of Criminal Procedure, I request that a decision be made on his delivery to us as a trustee as a matter of principle or in accordance with Article 132/5 of the Code of Criminal Procedure.
Sincerely.
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